MATTER OF CITY OF NEW YORK


1 A.D.2d 807 (1956)

In the Matter of The City of New York, Respondent, Relative to Acquiring Title to Real Property Required for Major Deegan Boulevard (Expressway), in the Borough of The Bronx. Haven Enterprizes Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 21, 1956


Order and decree, insofar as it makes an award for Damage Parcel No. 378 reversed, and a new hearing directed for the purpose of taking proof as to rental value, following which the court shall fix the amount of the award.

The imminent taking of the property in condemnation following the restoration of the vacant premises may well have prevented the owner from procuring tenants. On the other hand, the only evidence offered by the owner as to value was actual rentals...

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